The court dismissed the preference cause of action filed by the debtor in possession as untimely. The two-year limitations period in § 546 expires on the second anniversary of the petition filing date, so this complaint was filed two days too late.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
The court declined to grant relief to the defendant under Rule 60(b) and denied its motion to set aside a default judgment. The defendant did not demonstrate excusable neglect or a meritorious defense that would warrant setting aside the judgment.
Reported at 383 B.R. 735. Phone calls – at least 22 – from the mortgage loan servicer to the debtors, after being advised of the bankruptcy and of debtors' surrender of the property, were a willful violation of the automatic stay and warranted sanctions.
The court approved the trustee's settlement with a creditor, over the debtor's objection, because the amount of the creditor's claim had yet to be determined and because the debtor had been benefitting from assets that were property of the estate.
A Chapter 13 debtor had no standing to attempt to avoid a lien on her car. The bank's notation of lien release on the certificate of title was simply a mistake. The lien was not released and the bank retained a perfected security interest in the vehicle.
Counsel's fees and expenses, although allowed, may not be paid from an objecting creditor's cash collateral unless the secured creditor is adequately protected.
Debtor's Chapter 11 plan was not confirmed because the debtor didn't prove it could generate enough income to make payments and because the debtor's managers breached their fiduciary duty to the estate by unfairly diverting business from the debtor.
An unmarried debtor could not claim a homestead exemption as head of household on the basis of her disabled adult brother's occasional residence with her. A temporary living arrangement does not create the basis for a homestead exemption.
Debtor falsely represented to the bank that her company needed to use funds from a line of credit to buy equipment. She deposited the money into her personal account and used it for other expenses. The debt was non-dischargeable under § 523(a)(2)(A).
The value of a homestead exemption should be subtracted from the debtor's equity in the real property, so when the exemption exceeds his equity, a judicial lien against the property would impair the exemption and may be fully avoided under § 522(f).